Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1887-01-06

ant OF the plaintiff, was sworn. he
had made an examination Of the plain
tiff soon after be was taken with the
lung trouble. and pronounced him
seriously i'll and ordered him to bed.
All Indications tended toward what is
commonly known as consumption.
Several other witnesses were exam
ined, but elected no further important
facts The amount of damage claimed
in this case is $1,000.
Court adjourned for dinner.
AFTERNOON SESSION.
The case of Garrison VS.. Durgin con
tinued to occupy the attention OF the
Court all day yesterday and was not
finished until this morning. The ex-
animation of witnessesfor the plaintiff
was continued by calling DR.. John B.
Bowen who testified that he had ex-
amined the plaintiff and found un-
doubted evidences of consumption but
did not know whether it was acquired
or hereditary.
Harry Garrison, sworn, he is the son
of plaintiff and is about twelve years
old was present when the weather
boards about which there has been SO
much talk, were removed; the defendant
did not stop removing them when
ordered to do SO by his father but con
tinued the work until night.
The defense was outlined by Mr..
Mitchell. substantially as follows: In
the repairs on the house, sufficient care
was exercised by the workmen and Dir.
Garrison's consumption, if contracted
at that time, was not directly or indi-
rectly caused by the defendant
Harrison Durgin, the defendant, was
put on the stand and said: Garrison
knew all about my projected improve
ments, and until he read in letter from
his lawyer ordering me to stop the work,
apparently assented to the whole. He
even asked for and obtained employ
ment in the work and would have as
sisted in the removal of the house but
for a heavy cold he contracted which
settled on his lungs and throat. As to
the removal of the chimney from the
interior of the house, plaintiff di the
work himself and said its re loval
would not give hin any t1oali At
no time was the house other than in
tact, 50 far as protection from rain or
snow is concerned.
DR.. Wiley was called, and as a for
mer physician of the plaintiff, said that
Garrison had had the consumption for
the past five years, which is very fair
for consumption.
Several other witnesses were sworn,
but no other facts than those recited
above were of general interest. Much
time was consumed in explaining
an outline plan of the house in
question The defendant drew ''for
instance may, but it took a good
while TO get it straight, it was so
crooked in plan. outline and detail.
The testimony on both sides was
concluded, but the lawyers wanted so
| much time to talk about it, that the
Judge put the summoning up off till
to-day, and Court adjourned.
| All jurors not engaged were dis
charged until next Tuesday morning
as there is little or no further business
before the Court. The criminal bust
ness will not come up until next week.
Wednesday, Jan. 9Th.
The case of Garrison VS.. Durgin, the
summing up of which was the first
work of the Court this morning, seems
to be one of public interest. A very
fair attendance was gathered to hear
the last words in the case.
Mr.. Mitchell, in summing up, went
into the case very elaborately, recit-
ing, in fact, almost the whole testi-
mony of his witnesses. The sick man
heard the whole argument with his
usual apathetic expression. The cough
of yesterday had entirely disappeared.
The evidence proved, said Mr..
Mitchell, that the plaintiff had an
appearance of consumptiveness for
wears, and that his illness was not
superinduced by the acts of the de-
fendant.
The plan Of the improvements so
much in doubt and talked ai,~-6 yes
terday, was again explained; it was
impossible for any dampness more
than is usual in stormy weather to any
habitation, to penetrate the house on
the day on which occurred the storm
| in the middle of April, 1885. The de-
fense had no doubt but that the cold
previously contracted by Mr. Garrison
was aggravated by the removal of the
chimney on a cold day, but the plain
tiff performed the work of his own ac-
cord.
The review OF the case by Mr. Potter,
for the plaintiff. was the next matter